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Patna High Court

Kailash PaswanversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail to the petitioner, subject to bond and surety conditions.

Summary

Petitioner Kailash Paswan sought anticipatory bail after an FIR (Case No. 50/2025) alleged he assaulted a youth with a sharp weapon, invoking several sections of the B.N.S. 2023. He contended that the allegations were false and stemmed from a dowry‑related family dispute, noting a prior FIR (Case No. 47/2025) he had filed against the complainant’s family. The petitioner highlighted inconsistencies between the FIR and the medical report, which indicated injuries caused by a blunt object and noted that the parties had reached a compromise and filed a joint petition before the SDJM. The State opposed bail, emphasizing the seriousness of the alleged assault and the injuries reported. Considering the marital dispute, the prior FIR, the compromise, and the medical evidence, the court granted anticipatory bail subject to a bond and sureties, invoking Section 482(2) of the B.N.S.S. 2023.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner despite the serious nature of the allegations under the B.N.S. 2023.
  • Whether the prior dowry‑related FIR and the compromise between the parties affect the merit of the bail application.

Legislation cited

Subjects

  • anticipatory bail
  • false implication
  • dowry dispute
  • FIR
  • Section 482
  • criminal procedure
  • compromise
  • injury report

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.78476 of 2025
                      Arising Out of PS. Case No.-50 Year-2025 Thana- Chhaudahi District- Begusarai
                 ======================================================
                 Kailash Paswan S/o Late Bindeshwari Paswan @ Ramshran Paswan Resident
                 of village-Dumri, P.S-Chhaurahi, District-Begusarai

                                                                                     ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Ranjit Kumar Yadav
                 For the Opposite Party/s :        Mr.Tarkeshwar Nath Thakur
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
                                       ORAL ORDER

4   01-04-2026         1. Heard the parties.

                       2. The petitioner apprehends his arrest in connection with

                   Chhaurahi P.S. Case No. 50 / 2025 dated 09.05.2025 registered

                   under Sections 126(2), 115(2), 118(1), 109(1), 308(5), 352, 351

                   (2), 3(5) of the B.N.S. 2023.

                       3. As per the prosecution case lodged by one Dev Narayan

                   Paswan on 09.05.2025 stating therein that about 7:00 A.M. in

                   the morning the informant’s son with his friend reached his

                   ‘sasural’ for some inquiry and the petitioner along with other

                   accused persons on seeing them started abusing and when the

                   informant’s son objected, the petitioner attacked him with sharp

                   cutting weapon on the head.

                       4. Learned counsel for the petitioner submits that petitioner

                   has falsely been implicated in the present case on account of the
Patna High Court CR. MISC. No.78476 of 2025(4) dt.01-04-2026
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          fact that just prior to the date of occurrence on 08.05.2025 the

          brother of the petitioner lodged Chhourahi P.S. Case No. 47 /

          2025 (Annexure -2) alleging physical and mental torture and

          demand of dowry against the husband of his daughter and other

          family members. In retaliation, on the very next day the present

          F.I.R. has been filed alleging that the husband of the informant’s

          daughter in the F.I.R. lodged on 08.05.2025 namely, Ravikant

          Paswan has sustained injury due to assault made by the

          petitioner with sharp cutting weapon. Learned counsel further

          submits that though the allegation is that the petitioner assaulted

          the victim boy with sharp cutting weapon on his head but the

          injury report of the victim shows the assault caused by hard and

          blunt substance on head, leg and other parts of the body

          whereas, there is no allegation in the F.I.R. that he was assaulted

          by the petitioner on other parts of the body also. Both the parties

          have subsequently compromised their dispute and a joint

          petition has been filed before the S.D.J.M., Begusarai on

          08.10.2025 (Annexure -3).

              5. On the other hand, learned counsel for the State opposed

          the prayer for bail and submits that there is allegation against

          the petitioner that he assaulted with sharp cutting weapon and

          the victim has sustained injury on head as well as fracture of
               Patna High Court CR. MISC. No.78476 of 2025(4) dt.01-04-2026
                                                           3/3




                         tibia and fibula (leg).

                             6. Regard being had to the submission made by the parties,

                         taking into consideration the fact that there was marriage

                         dispute between the husband and wife, the wife lodged F.I.R.

                         just prior to lodging of the present F.I.R. as well as medical

                         evidence, I am inclined to grant anticipatory bail to the

                         petitioner.

                              7. Let the petitioner, above named, be released on

                         anticipatory bail in the event of arrest or surrender before the

                         court below within a period of four weeks from today on

                         furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with

                         two sureties of the like amount each to the satisfaction of

                         S.D.J.M., Manjhaul, Begusarai in connection with Chhaurahi

                         P.S. Case No. 50 / 2025 subject to the condition as laid down

                         under Section 482 (2) of the B.N.S.S. 2023.



                                                  (Anil Kumar Sinha, J)
praful/-

U          T


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